prosecutors in charge of the case, 102 which was rejected by the National Public
Prosecutor’s Office in a decision issued on November 2, 2012. 103
56. There were further delays that prevented the preliminary hearing from being held
until June 26, 2018. 104 During the hearing, Mr. O.V.’s lawyer presented motions for the
charges to be dropped, for dismissal of the case, and for dismissal with prejudice. 105 The
hearing was suspended and resumed on June 29, 2018. 106 Mr. W.B.’s defense then
challenged the evidence offered by the Public Prosecution Service and the consolidated
complaints. 107 The hearing continued on July 9, 2018, when the parties were summoned
for the presentation and reading out of the decision on July 12, 2018. 108 Through the
Interlocutory Order of July 12, 2018, the Criminal Court judge decided to dismiss the
charges against defendant J.B.P. because he had died, and admit the indictments against
M.P., O.V. and W.B.. 109
57. On August 20, 2019, the defendants’ oral public trial began. 110 Then, on December
30, 2019, the Criminal Trial Court issued its judgment, in which it declared that the
existence of the punishable act of torture had not been proven and, therefore, acquitted
the accused by a split decision of two judges to one. 111 In its judgment, the Criminal
Trial Court noted, inter alia, that because “there were conflicting, contradictory and
ambiguous versions of events or testimonies,” none of the people who testified “had
convinced the Court with positive certainty that the act of torture had occurred.” 112 In
her opinion, the dissenting judge stated that, based on the “report on the forensic
examination of the victim by the Victim Assistance Office of the Public Prosecution
102
Cf. Brief from the legal representatives of O.J.V. of October 17, 2012, Criminal case file, “B.P., M.P.,
O.V., and others, for infliction of bodily injury in the performance of public duties” (evidence file, folio 6330).
103
Cf. National Public Prosecutor’s Office, Decision 4812 of November 2, 2012, Criminal case file, “B.P.,
M.P., O.V., and others, for infliction of bodily injury in the performance of public duties” (evidence file, folios
6342 to 6347).
104
Between December 2012 and June 2018, the parties to the proceedings raised various points of law
that delayed the holding of the public hearing, including: several appeals for reconsideration with a
supplementary appeal regarding orders issued by the Twelfth Criminal Court of Guarantees, the fact that one
of the accused had died, changes in the accused’s defense team, and a motion for annulment of proceedings
submitted by one of the accused. Cf. Criminal case file, “B.P., M.P., O.V., and others, for infliction of bodily
injury in the performance of public duties” (evidence file, folios 6380 to 7276).
105
Cf. Brief from the legal representatives of O.J.V. of October 17, 2018, Criminal case file, “B.P., M.P.,
O.V., and others, for infliction of bodily injury in the performance of public duties” (evidence file, folios 7277
to 7287).
106
Cf. Eighth Criminal Court of Guarantees, Record of Public Hearing held on June 29, 2018, Criminal
case file, “B.P., M.P., O.V., and others, for infliction of bodily injury in the performance of public duties”
(evidence file, folio 7335).
107
Cf. Eighth Criminal Court of Guarantees, Record of Public Hearing held on June 29, 2018, Criminal
case file, “B.P., M.P., O.V., and others, for infliction of bodily injury in the performance of public duties”
(evidence file, folio 7336).
108
Cf. Eighth Criminal Court of Guarantees, Interlocutory Order 503 of July 12, 2018, Criminal case file,
“B.P., M.P., O.V., and others, for infliction of bodily injury in the performance of public duties” (evidence file,
folios 7416 to 7518).
109
Cf. Eighth Criminal Court of Guarantees, Interlocutory Order 503 of July 12, 2018, Criminal case file,
“B.P., M.P., O.V., and others, for infliction of bodily injury in the performance of public duties” (evidence file,
folios 7416 to 7518).
110
Cf. Collegiate Trial Court, Record of Oral Public Trial of November 20, 2019, Criminal case file, “B.P.,
M.P., O.V., and others, for infliction of bodily injury in the performance of public duties” (evidence file, folio
9643).
111
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and
others,” of December 30, 2019 (evidence file, folios 20 to 456).
112
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “B.P., M.P., O.V., W.P., for infliction of bodily injury in the performance of public duties and
others,” of December 30, 2019 (evidence file, folio 394).
17